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Construction Law Practice Overview

Porzio offers a full range of services to property owners, school districts, developers, design professionals, contractors, construction managers, suppliers, and subcontractors involved in all aspects of construction projects.

From development and planning to claims or defects and related mediation, arbitration and litigation, our lawyers partner with clients to get projects done.

Our services include:

• Bid protests
• Contracting
• Building code issues
• Defending prevailing wage claims (state and federal)
• Defending claims by union benefit funds
• Asserting or defending prompt payment and mechanic's liens claims
• Preparing or responding to claims and terminations
• Defending payment and performance bond claims and prosecuting payment bond claims, both public and private
• Job hazard analysis, including COVID-19 related issues, New York's Industrial Code, New York Scaffold Law, and OSHA
• Trespass and ejectment actions, to remove obstructions to lawful development
• Counseling and litigation services relating to public works suspensions and debarments for design professionals and contractors/subcontractors and suppliers, including Article 78 proceedings to challenge adverse agency actions
• Dispute resolution

We understand the law not only as it relates to construction projects, but also as it applies to architectural and engineering issues, including lateral support and protection of adjacent properties during construction.

Contracts. We counsel clients on all aspects of contracting, including the most appropriate project model (fixed price, cost-plus, guaranteed maximum price or design-build), and we work with industry standard documents including Joint Board, AGC, AIA and ConsensusDOCS. We understand the legal requirements for construction projects and the risk allocation issues in construction contracting. We seek to obtain for our clients the most beneficial balance of risk, control, and pricing.

Dispute resolution. There are many forms of dispute resolution available for construction projects including a "project neutral" or "dispute review board", direct negotiations, mediation, arbitration, and litigation. We counsel clients on their options – the costs, benefits and risks of each type of dispute resolution – at the outset. When disputes arise in the course of a project, we counsel clients on pre-litigation strategies and options, including the filing of mechanic's liens and the use of other statutory devices including NY Lien Law Sections 8 and 76 demands and Section 38 demands respecting mechanic's liens.

New York construction projects. For clients with projects in New York, we advise on and, if necessary, litigate issues related to Lien Law Article 3A trust funds and trust fund diversion. Additionally, where appropriate, we will oppose discharge of a debtor in bankruptcy for violation of the New York trust fund requirements.

Related services. To address the full range of construction clients’ needs, we advise on related areas including tax, white collar defense, bankruptcy (including creditor committee representation), environmental, and real estate finance.